Castle v. Union Pacific Railroad
Supreme Court of Minnesota
Action in the district court for Hennepin county by the administratrix of the estate- of Clarence E. Castle, deceased, to recover $25,000 for the death of her intestate. The answer alleged decedent’s death resulted directly from risks of his employment which he had assumed as part thereof.
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Action in the district court for Hennepin county by the administratrix of the estate- of Clarence E. Castle, deceased, to recover $25,000 for the death of her intestate. The answer alleged decedent’s death resulted directly from risks of his employment which he had assumed as part thereof. The ease was tried before Waite, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for .$20,000. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant…
1Opinion of the CourtBrown, C. J.
Defendant owns and operates a line of railroad in and through several different states, is a common carrier and engaged in interstate commerce. Plaintiff’s intestate, who was her husband, was in the employ of defendant in its interstate service in the capacity of switchman in the yards of the company at Council Bluffs, in the state of Iowa. While engaged in the discharge of his duties on August 25, 1916, he was run over and killed by a switch engine, around and in connection with which he was engaged in making up interstate trains. Plaintiff was subsequently duly commissioned administratrix…
2Cases cited7 opinions
- Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- Hurley v. Illinois Central RailroadSupreme Court of Minnesota · 1916
- Rogers v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1906
- Choctaw, O. & G. R. v. McDadeCourt of Appeals for the Sixth Circuit · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harlan v. Wabash Railway Co.Supreme Court of Missouri · 1934
- Reeves v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1920